Counts v. Wakefield

This is a wrongful death action brought by the dependents of a deceased workman. Both the defendant and the decedent’s employer were covered by the Workmen’s Compensation Law. The defendant filed an answer alleging that under these circumstances the plaintiffs’ exclusive remedy is benefits provided under the Workmen’s Compensation Law. The trial court sustained this defense and plaintiffs appeal.

ORS 656.154 provides that a workman cannot maintain an action against another employer under the Workmen’s Compensation Law if such employer “was, at the time of the injury, on premises over which he…